Fort Worth daily gazette. (Fort Worth, Tex.) 1882-1891, 1887-02-10
State AFFAIRS.
Not Less than Thirty nor More than
Fifty Days imprisonment for
Carrying a Pistol,
The Examination OF Judge Willis Be.
guI-Charges Against Special
Sergeant at Arms Gass.
Hired TO ons Person-The Senate on
this Prohibition Vote.
THE PISTOL MUST Co
Special to the Gazette.

THE PISTOL MUST Go
| Special to the Gazette.
AUSTIN, TEX, Feb. 9.-One OF the most
interesting discussions of the session
arose in the Senate this morning on Sen.
ator Woods substitute to Senator Aliens
amendment to House bill No. 81, to regu-
late the carrying of arms in the state.
| Senator Aliens amendment used the
language, cor may be Imprisonment for
not more than thirty days" Senator
Woods substitute for the amendment
reads, land shall be confinement in the
county jail for not less than thirty nor
more than fifty days"
| Senator Simkins, speaking in favor of
substitute, said that if the Legislature mad
the power to pass a law regulat-
ing the carrying of arms, it hould
go far enough if possible to prescribe a
penalty the enforcement of which would
put an end to the pernicious prac-
tice. He believed that pecuniary lines
were not sufficient, and therefore he ia
Yored Imprisonment as part of the pen
atty.
Senator Upshaw opposed the measure
on the ground that while it would not
lessen the evil it would impose extra re-
strlctions on the peaceful citizens and
! have no effect on the desperate class,
referring to Kentucky and other states as
examples of the increase of murders and
assaults where similar statutes were en-
acted.
Senator Allen expressed himself as be-
lievlng that the majority of citizens were
law-abiding and would not carry pistols
in violation OF measure regulating
the carrying of arms, and that
the minority, who did not respect the
law except as to it's power to punish,
ought to be placed under such restric-
tons that they could not sfford to violate
its provisions.
Senator Lane opposed the substitute
because his experience in watching the
workings of the law was the penalty was
already too great for the poor man who,
if fined, would have to lay it out in Jail,
while in the case of influential citizens
the officers often ignored the law by fail
ing to arrest and prosecute because of
the excessive fines.
Senator Burgess opposed it on consti-
tutional grounds, believing it to be in
conflict with the provisions of the constl-
tuition allowing every citizen to bear
arms in defense of himself and the state.
Senator Gregg answered the objection
of Senator Burgess by citing decisions
from the Supreme court where it held
that the law was constitutional. Re-
ferring to point made by one of the op-
ponents OF the measure that it inflicted
disgrace on the nice young men and re
spectacle citizens who might be caught
carrying a pistol, he said that the same
might be said of the law Furnishing theft,
murder and other crimes; that he could
see no difference between those who
committed the crime, and he did not
think the law could make distinctions.
Senator Pope objected to the passage
of the substitute and amendment, taking
the ground that its uncOnstitutionality
arose from its conflict with the constitu-
ton Of the United States, that the state |
constitution did not conflict with the |
federal. Speaking in reference to the |
effect of the Imprisonment clause, he be- !
lIeved that it would be humiliating in its
effect on the better class of citizens, and |
that the desperate class would not be de- /
TERED By increasing the punishment and !
adding Imprisonment.
Senator Calhoun favored the passage of !
the substitute, and said he believed that !
if the law could be increased to not less
than two years in the penitentiary it |
would make the law entirely effective to !
break up the practice. He cited the eff
feet of the severe penalty against dueling
in the different states, claiming that it had |
driven the practice out of existence
Senator Jarvis favored the passage Of |
the substitute, and prefaced his remarks
by calling the attention of the Senate to
the killing of COPYRIGHT in Fort Worth
as striking example of the results of
unlawfu!ly carrying arms. Referring
to the objection of Sena-
grounds, he said by the decision of
our Appellate court it was admitted 10
be in accord with the constitution of
Texas, and so long as no cases were
.aken up to the United States courts upon
which the question of conflict was raised
ne would pass it by. He said further
hat there would always be found some
men who would violate both the laws of
God and man, and for that very reason
here should be severe penalties attached
% such violations, and if pecuniary
punishment was not sufficient to break
Up the unlawful carrying of arms he ia
yored adding the Imprisonment penalty.
Senator Terrell believed in legislating
morals in the people if necessary for the
Welfare of the government; that the
pistol law ought to be enforced and the
penalty increased to make lit effective If
t took one day, ten days or month in
prison; then nice men and good boys
would stop carrying pistols.
Senator Burney, speaking in favor of
he substitute, asked If the Senators CD. {
posing the measure were in favor of {
ostering the carrying q pistols. If
hey we're, then he could understand them,
,ut if 1t was their inten lion to legislate ,
n favor of enforcing the law he could ,
lot see how they cons silently opposed I
he increase of the penaIty to prevent the |
rlme.
Senator Macmanus favored the substi- |
ute, believing that in the strict enforce {
nent Of the law as so amended rested the {
ecurity OF life and PROPERTY to peaceful :
itizens. Speaking of the right to carry |
rms, he thought that it.only extended to t
he time of war and great emergency; /